Prosectuors said Gonzales found the victim in the playroom of a local gym and held her up against a wall while he covered her and penetrated her using his hand.

There are also three previous cases in which prosecutors said Gonzales raped and molested children.

In June 2005, investigators said Gonzales molested a 3-year-old girl, and one month later, they said he raped a 6-year-old boy.

Police said they advised Gonzales' mother to get him into treatment, but in January 2008, prosecutors said he molested another girl.

Nothing ever happened in the justice system because Gonzales was declared mentally incompetent each time. His attorney said he suffers from brain damage, sexual trauma and has the emotional capacity of a child.

Gonzales is also an illegal immigrant, and if the judge dismisses the case, he and his parents promised to move back to Mexico and never return.

But the judge decided not to risk it, and a motion to dismiss was denied.

The district attorney's office must next show that Gonzales is a danger to children and the community. That is one of the qualifications for him to be criminally sentenced to a state mental health facility.

If Gonzales is criminally committed, he will have to serve 39 years, which is the maximum penalty for child molestation charges. Once released, he would be deported to Mexico.